The SRA has released a thematic review that discusses the use of Non Disclosure Agreements (NDAs) in workplace complaints. The review recognizes the legitimate place NDAs have in agreements to protect commercial interests, reputation, and confidentiality. The key findings of the review found that generally most NDAs between employers and employees complied with the requirements…
Ethics and access: Striking the right balance
Mark Neale’s blog discusses the key debate around whether ethical lawyers should avoid certain clients on public interest grounds and whether the regulator should police the profession’s choice of client. It emphasizes that lawyers, especially barristers, are not just there to do their clients’ bidding, right or wrong. Read the full story here.
American Bar Association issues guidance on using legal assistants
The American Bar Association Standing Committee on Ethics and Professional Responsibility has issued a formal opinion that provides guidance for lawyers on how to use legal assistants to perform client intake tasks under ABA Model Rules. The opinion highlights the benefits of using nonlawyer assistants but also warns that without proper policies, training, and supervision,…
The Mentor Chapter Seventeen – For good.
This open letter discusses the need for lawyers to be officers of the court first and foremost before their role as commercial facilitators. Gilbert emphasises the importance of ethical behaviour, and warns against financial incentives which might impede this. He also implores other lawyers to become roles models. Read the full story here.
Victoria Legal Services Board in Australia launches new campaign to build trust between the public and lawyers
The Victoria Legal Services Board Australia, has launched a new campaign to help build trust between lawyers and those seeking legal advice. The ‘Your Right to Ask’ campaign will help those seeking legal advice to better understand their lawyer’s ethical obligations. The campaign encourages people to ask their lawyers questions to better understand their rights…
The Evolution of Professionalism as a Mode of Regulation: Evidence from the United States
Opinion is divided on how far and in what ways professionalism as a mode of regulation has evolved. To date, attention has focused on the impact of neoliberal political and economic ideologies that challenge the idea that professions should be trusted to regulate themselves. This article further examines the impact of these attacks on professionalism…
The American Bar Association provides some expert tips for practicing ethically
Theresa Gronkiewicz writes that after a career of representing lawyers in complaints issues there are a number of issues that come up time and again which could be avoided by implementing a strong practice management system and common-sense approach to law. There are 12 tips including: Implement strong law office management procedures Learn to identify…
The New Zealand Law Society | Te Kāhui Ture o Aotearoa has issued final guidance on reporting requirements under the Conduct and Client Care Rules
The New Zealand Law Society | Te Kāhui Ture o Aotearoa has issued guidance on reporting requirements under the Conduct and Client care Rules. The rules came into force in July 2021 and attempt to clarify the behaviour expected of lawyers. The main goal of these guidelines is to tackle bully, harassment and discrimination in…
The Bar Tribunals and Adjudication Service has published a second consultation document on changes to the Sanctions Guidance
The Bar Standards Board (BSB) has welcomed the publication of a second consultation document on changes to the Sanctions Guidance by the Bar Tribunals and Adjudication Service (BTAS). These guidelines are used by Disciplinary Tribunals in deciding what sanctions to impose in cases of proven professional misconduct by barristers in England and Wales. This consultation seeks…
California Board of Trustees introduces new measures to improve the disciplinary system
At its July 23 meeting, the California State Bar Board of Trustees took steps to strengthen the discipline system in the state, these include establishing a special committee—the Committee on the Special Discipline Case Audit—to undertake an analysis into the disciplinary system in the state, with a particular focus on misappropriation of client funds. The…